The prolonged government shutdown has reached day 29 with no resolution in sight, leaving essential services like SNAP food assistance on the brink of depletion by Saturday. While the federal government grapples with gridlock, states across the nation are stepping up to counterbalance federal overreach and are becoming hotbeds for innovation and progressive policy development.
As Washington, D.C., remains mired in division, states are emerging as crucial players in safeguarding constitutional rights and fostering new ideas. This year, governors and attorneys general have been at the forefront, challenging unconstitutional federal measures such as attempts to terminate birthright citizenship. Recently, a coalition of 25 states filed a lawsuit to prevent the federal government from cutting off food aid.
States are not only resisting federal power grabs but are also exploring new policy initiatives. Justice Louis Brandeis once referred to states as “laboratories of experimentation.” New York State, for example, is implementing a new electoral system that offers matching funds for small contributions, setting a national precedent in response to the Citizens United decision.
The Brennan Center for Justice is actively engaging with state policymakers and legal systems through two major initiatives. State courts, independent from federal courts, are vital in upholding rights and ensuring equality. Almost all state constitutions (49 out of 50) include an affirmative right to vote, and they often contain provisions addressing climate change, criminal justice, and other critical issues.
To further explore state constitutional rights, the Brennan Center, in collaboration with the Northwestern University Law Review, is hosting a conference in Chicago on November 6 and 7. This event, titled The Power of State Constitutional Rights, will feature discussions on voting rights, legislative districts, and LGBTQ+ rights, among other topics. Legal experts will delve into “unique rights” protected exclusively by state constitutions, like those articulated centuries ago by John Locke.
A similar conference held last year at NYU attracted 300 attendees and was covered by The New Yorker. The Brennan Center also publishes the State Court Report, providing analysis on state legal trends. The keynote speaker for the upcoming Chicago conference will be Jeffrey S. Sutton, a prominent expert on state constitutional law.
Simultaneously, the Brennan Center has launched the Partnership for Southern Impact in collaboration with Fisk University in Nashville, Tennessee. This initiative is focused on the South, a region marked by rapid growth and significant challenges, such as gerrymandering and voter suppression. The South’s demographic and economic changes make it a critical area for policy reform.
The Partnership for Southern Impact, inaugurated this week, brought together policymakers, journalists, and academics to discuss key legislative issues in Southern states. Panels addressed prison reform, voting rights, and electoral security, emphasizing the potential for bipartisan compromise even in politically divided legislatures.
While national action remains crucial, especially when states infringe on citizens’ rights, the dynamic policy experimentation occurring at the state level offers hope. These state-level initiatives could inspire national reforms, reflecting a refreshing shift in political strategy and thought.
